In a historic and surprising decision today, the U.S. Supreme Court ruled that the Trump administration did not provide an adequate justification for ending Deferred Action for Childhood Arrivals (DACA), thereby allowing it to remain in place. It’s a deep sigh of relief for hundreds of thousands of DACA recipients in every corner of the country, from Florida to Michigan to California, and to the millions of Americans who have come to know, respect and love them.
But as I wrote in an opinion piece today for Fox News, it is also a temporary fix that only heightens the urgency for a bipartisan solution in Congress to protect Dreamers. The court ruled only on how the administration attempted to end DACA — the administration could try again to do so and deport the people who have benefited.
As I also noted, 85% of Americans favor allowing Dreamers to stay in the U.S. legally — including 73% of Republicans. Will Congress and the president cement the contributions of the 27,000 Dreamers who work in health care, and the hundreds of thousands of others who have been able to contribute to our society because of deferred action?
We’re about to find out.
Welcome to tonight’s special evening DACA edition of Noorani’s Notes.
THE DETAILS – To break down what today’s decision means, the Forum’s assistant vice president of policy and advocacy, Larry Benenson, joined me for a special episode of “Only in America.” Take a listen for a brief explanation of what could happen next, the options Dreamers now have, and how Congress should react. For even more in-depth analysis and additional resources, check out our explainer.
STARTING AGAIN? – Following the court’s decision, President Trump took to Twitter calling for an overhaul of the justices sitting on the nation’s highest court and “appeared to indicate that he would not seek a long-term legislative remedy to the fate of the DACA recipients but would again attempt to scuttle the program,” reports John Wagner for The Washington Post. Trump tweeted: “As President of the United States, I am asking for a legal solution on DACA, not a political one, consistent with the rule of law. The Supreme Court is not willing to give us one, so now we have to start this process all over again.” We should probably take him at his word: Jemima McEvoy at Forbes breaks down “all the times Trump promised to repeal DACA.”
OTHERS IN GOP JOIN IN – Some Republican senators were “fuming” following the narrow decision, reports Jordain Carney in The Hill. “Sen. Ted Cruz (R-Texas) railed against [Chief Justice] Roberts during a Senate floor speech. … ‘Judging is not a game. It’s not supposed to be a game but sadly over recent years more and more, Chief Justice Roberts has been playing games with the court to achieve the policy outcomes he desires,’ Cruz said.” On the other hand, some Republicans saw this as an opportunity to…
TALK SOLUTIONS — Other Republican members of Congress are responding to today’s ruling with calls for a bipartisan, permanent solution. Sen. John Cornyn (R-Texas) is calling for a permanent legislative fix: “I believe the Supreme Court has thrust upon us a unique moment and an opportunity. We need to take action and pass legislation that will unequivocally allow these young men and women to stay in the only home, in the only country, they’ve known.” Others speaking up include Rep. Will Hurd (R-Texas), Sen. Martha McSally (R-Arizona), and Sen. Cory Gardner (R-Colorado). Here’s hoping for more.
CALLS FOR PERMANENCE – Meanwhile, Democrats including Oregon Sens. Jeff Merkley and Ron Wyden are calling on their colleagues to finally come together to find a permanent solution for the nation’s Dreamers, Peter Wong reports for the Portland Tribune. “Today's decision should also be a stark reminder that DACA recipients' fate never should have been at the whim of this president or this court in the first place. Leader McConnell must also act immediately to bring the Dream And Promise Act of 2019 to the floor and protect DACA recipients,” Merkley said.
VIEW FROM TEXAS – Elsewhere in the Lone Star State, Texas Attorney General Ken Paxton, a Republican, came out with a statement against the Supreme Court’s DACA decision, claiming it “does not resolve” the question over DACA’s constitutionality, reports KRGV. “We look forward to continuing litigating that issue in our case now pending in the Southern District of Texas,” read a press release from Paxton’s office.
BUSINESS, LAW ENFORCEMENT, FAITH – The country’s biggest tech companies — including Apple, Google, and IBM — are celebrating today’s DACA decision after years of advocating for the protection of Dreamers, reports Matt Binder for Mashable. Apple CEO Tim Cook tweeted: “The 478 Dreamers at Apple are members of our collective family. With creativity and passion, they’ve made us a stronger, more innovative American company. We're glad for today’s decision and will keep fighting until DACA’s protections are permanent.” Here’s the statement from Walmart and others on our own Corporate Roundtable for the New American Workforce. Law enforcement, Catholic and evangelical leadership weighed in as well.
FINALLY – A heartfelt congratulations and thank you to the immigrant community for their leadership, and the lawyers, pastors, CEOs, chiefs, sheriffs and advocates for their incredible work.
Onward.
Ali
|